53-12-7. When trust and chapter conflict.

The effect of the provisions of this chapter may be varied by the trust instrument except:#

1. (1)

   As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;#

2. (2)

   As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;#

3. (3)

   As to the power of the beneficiaries to modify a trustee’s compensation as provided in Code Section 53-12-210;#

4. (4)

   As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260;#

5. (5)

   As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303;#

6. (6)

   As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and#

7. (7)

   As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter.#

Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.#